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KUALA LUMPUR: There is no evidence that the 13 bank transactions involving accounts of former Goldman Sachs banker Roger Ng Chong Hwa and his wife were linked to the 1MDB scandal, the High Court heard.
Attorney Tan Hock Chuan representing Ng and his wife, Lim Hwee Bin, claimed that there was no evidence in the affidavits of two investigating officers, Foo Wei Min and R Rajagopal, showing that the flow of funds in the seven accounts was related to 1MDB.
“The money that flowed to the seven accounts belonging to Ng and Lim was their own money. There is no prima facie evidence to show that the funds came from illegal activities.
“The transactions in question are between August 7, 2015 and August 17, 2018. Of the seven bank accounts, four were from Ng, two were his joint accounts with Lim, and one was from Lim,” Tan said in his presentation to the government. Linked forfeiture lawsuit against the couple and 16 others.
Among the 13 transactions presented at today’s hearing are those involving S $ 2,656,786.34 in proceeds from the sale of Ng’s house in Singapore on May 19, 2017; RM 13,737.50 in company shares on August 17, 2018; RM 85,864.21 in payment to the Singapore Internal Revenue Authority on May 21, 2018; as well as RM 170,183.11 in the transfer of funds between Ng to Lim on August 7, 2015.
Tan further alleged that the burden is now on the prosecution to prove, based on the balance of probabilities, that the bank accounts belonging to the couple were a matter related to the commission of a crime under the Anti-Money Laundering Act or the product of illegal activities. .
Tan then asked the court to dismiss the forfeiture claim against Ng and Lim. The hearing before Judge Mohamed Zaini Mazlan will resume on April 5.
On May 8, 2019, the Attorney General’s Office filed a seizure notice of hundreds of items, including branded bags and 27 vehicles seized from former Prime Minister Najib Razak and his wife, Rosmah Mansor, their three children and 13 individuals and businesses, said to be linked to 1MDB.
Also, money amounting to more than RM18 million in various accounts at Bank Islam Malaysia Bhd, Al-Rajhi Bank Bhd, Malayan Banking Bhd, CIMB Bank Bhd, RHB Bank Bhd, Public Bank Bhd, AmBank Bhd and Hong Leong Bank Bhd was frozen between August 16, 2018 and March 11, 2019.
Najib named as the first defendant followed by Rosmah, Riza Shahriz Abdul Aziz, Nor Ashman Razak Mohd Najib, Nooryana Najwa Mohd Najib, Mohd Kyizzad Mesran, Senijauhar Sdn Bhd, Aiman Ruslan, Yayasan Rakyat 1 Malaysia, Yayasmbulan Kembara Sdn Bhd, Goh Gaik Ewe, Ng, Lim, Kee Kok Thiam, Tan Vern Tact and Geh Choh Hun as second to 18th respondents.
The lawsuit was filed on the basis that the prosecution, acting under article 56 (1) read in conjunction with article 376 of the Criminal Procedure Code, considered that the assets seized between May 17, 2018 and March 11, 2019 were related to an offense under Section 4 (1) or as a result of illegal activities involving the defendants.
